THEODORE R. McKELDIN, GOVERNOR                   1311

of the present members would complete their unexpired terms, and
would not be replaced. The other six members of the Commission
would be appointed by the Governor for four year terms commencing
May 1, 1955. This power of appointment is nominal only, requiring a
rubber stamp approval by the Chief Executive, without allowance
for exercise of any discretion in selecting from nominations equally
submitted by the respective governing bodies of Prince George's and
Montgomery Counties.

A review of the various prior Session Laws dealing with the Com-
mission, in an effort to ascertain the exact effects of House Bill 505,
has been difficult, because of the number of changes in the laws
governing the Commission, and the often confusing references to
sections of prior laws. From this review, however, it appears that
the following serious problems could ensue, some of which would
hamper, and even possibly prevent adequate functioning of the Com-
mission :

1.   The existing provisions for appointment of a six member Com-
mission, consisting of two residents and taxpayers from each County
from within the boundaries of the District, and one resident from any
part of the respective counties, as provided by Chapter 1008 of the
Acts of 1943, are repealed by this Bill. Section II-A of Chapter 761
of the Acts of 1953 which provides that appointees shall have pos-
sessed the qualifications for membership on the Commission for at
least three years prior to their appointment, is also repealed. In lieu
of these provisions, the instant Bill provides that three members
shall be residents of that portion of the District within Montgomery
County and three shall be residents of that portion of the District
within Prince George's County. There is no minimum prescribed
residence period and no requirement that members must be taxpayers.

As to the Montgomery County members, an inconsistency appears
from the face of House Bill 505. After requiring that three members
shall be residents from the portion of the District within Montgomery
County, it is then provided that one of these members shall be a
resident of the Upper County and may reside in any of the election
districts of the County other than the 5th, 7th, 10th and 13th, from
which the other two members must come. The act thus requires
appointment from within the District of all three new members and
at the same time requires appointment of one of said members from
outside of the District, since the Upper County is not within its
boundaries. A serious question is thus presented as to whether the
third member from Montgomery County can be appointed, since it
is impossible, without judicial construction, to determine the required
situs of his residence, if such a determination can be made under
these conflicting provisions.

2.   Under existing law, provision is made for staggered member-
ship terms on the Commission, so that there is always some continuity
of experienced personnel among its members. Under the instant
Bill, all terms would expire simultaneously. This would eliminate a
sound provision generally followed in constituting administrative
boards and agencies such as this, charged with important continuing
responsibilities. Such elimination of staggered terms is not in
the public interest for long range planning, which conceivably would
be jeopardized at each election of the respective governing bodies of
Montgomery and Prince George's Counties. In similar manner, a
usual statutory check-mate provision for minority representation is
repealed by this Bill.